83_FR_53418 83 FR 53214 - Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 53214 - Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 204 (October 22, 2018)

Page Range53214-53216
FR Document2018-22969

The Department of Commerce (Commerce) determines that Datong Juqiang Activated Carbon Co. Ltd. (Datong Juqiang) and Carbon Activated Tianjin Co., Ltd. (Carbon Activated) sold activated carbon from the People's Republic of China at less than normal value (NV) during the period of review (POR) April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 204 (Monday, October 22, 2018)
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53214-53216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22969]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Datong 
Juqiang Activated Carbon Co. Ltd. (Datong Juqiang) and Carbon Activated 
Tianjin Co., Ltd. (Carbon Activated) sold activated carbon from the 
People's Republic of China at less than normal value (NV) during the 
period of review (POR) April 1, 2016, through March 31, 2017.

DATES: Applicable October 22, 2018.

FOR FURTHER INFORMATION CONTACT: John Anwesen or Jinny Ahn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0131, or (202) 482-0339, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results \1\ on May 18, 2018. For 
events subsequent to the Preliminary Results, see Commerce's Issues and 
Decision Memorandum.\2\ On August 2, 2018,\3\ in accordance with 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
Commerce extended the deadline for issuing the final results until 
October 17, 2018.
---------------------------------------------------------------------------

    \1\ See Certain Activated Carbon from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017, 83 FR 
23254 (May 18, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Certain Activated Carbon from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the Tenth Antidumping Duty Administrative Review,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
    \3\ See Memorandum, ``Activated Carbon from the People's 
Republic of China: Extension of Deadline for Final Results of 2016-
2017 Antidumping Duty Administrative Review,'' dated August 2, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order \4\ is certain activated 
carbon. The products are currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 3802.1000. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order remains 
dispositive.\5\
---------------------------------------------------------------------------

    \4\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order).
    \5\ See Issues and Decision Memorandum for a complete 
description of the scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in parties' case and rebuttal briefs. In Appendix I to this 
notice, we provided a list of the issues raised by parties. The Issues 
and Decision Memorandum is a public document and is on file in the 
Central Records Unit (CRU), Room B8024 of the main Department of 
Commerce building, as well as electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and it is available to all parties in the CRU. 
In addition, parties can directly access a complete version of the 
Issues and Decision Memorandum on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for Carbon Activated and Datong 
Juqiang,\6\ and to the rate assigned to the non-examined, separate rate 
respondents. Further, the Issues and Decision Memorandum contains 
descriptions of these revisions.\7\
---------------------------------------------------------------------------

    \6\ See Memoranda, ``Antidumping Duty Administrative Review of 
Certain Activated Carbon from the People's Republic of China: Final 
Results Calculation Memorandum for Carbon Activated'' (Carbon 
Activated's Final Calculation Memorandum) and ``Antidumping Duty 
Administrative Review of Certain Activated Carbon the People's 
Republic of China: Final Results Calculation Memorandum for Datong 
Juqiang Activated Carbon Co., Ltd. '' (Datong Juqiang's Final 
Calculation Memorandum) dated concurrently with this memorandum; see 
also Memorandum, ``Tenth Administrative Review of Certain Activated 
Carbon from the People's Republic of China: Surrogate Values for the 
Final Results,'' dated concurrently with this memorandum.
    \7\ See Issues and Decisions Memorandum at 3-4 for a summary of 
these revisions.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Calgon 
Carbon (Tianjin) Co., Ltd., (Calgon Tianjin), Datong Municipal Yunguang 
Activated Carbon Co., Ltd. (Datong Yunguang), Jilin Bright Future 
Chemicals Co., Ltd. (Jilin Bright Future), Shanxi Dapu International 
Trade Co., Ltd. (Shanxi Dapu), Shanxi Industry Technology Trading Co., 
Ltd. (Shanxi Industry), Shanxi Tianxi Purification Filter Co., Ltd. 
(Shanxi Tianxi), and Tianjin Channel Filters Co., Ltd. (Tianjin 
Channel) had no shipments of subject merchandise to the United States 
during the POR.\8\ We received no information to contradict this 
determination. Therefore, we continue to find that Calgon Tianjin, 
Datong Yunguang, Jilin Bright Future, Shanxi Dapu, Shanxi Industry, 
Shanxi Tianxi, and Tianjin Channel had no shipments of subject 
merchandise during the POR and will issue appropriate liquidation 
instructions that are consistent with our ``automatic assessment'' 
clarification for these final results.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 83 FR at 23255.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (Assessment 
Practice Refinement).
---------------------------------------------------------------------------

Separate Rate Respondents

    In our Preliminary Results, we determined that Carbon Activated, 
Datong Juqiang, and six other companies demonstrated their eligibility 
for separate rates.\10\ We received no comments or argument since the 
issuance of the Preliminary Results that provide a basis for 
reconsideration of these determinations. Therefore, for these final 
results, we continue to find that the six companies listed in the table 
in the ``Final Results'' section of this notice are eligible for a 
separate rate.
---------------------------------------------------------------------------

    \10\ See Preliminary Results, and accompanying PDM at 5-9.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look to section 735(c)(5) of the Act, which provides 
instructions

[[Page 53215]]

for calculating the all-others rate in an investigation, for guidance 
when calculating the rate for respondents not individually examined in 
an administrative review. Section 735(c)(5)(A) of the Act articulates a 
preference for not calculating an all-others rate using rates which are 
zero, de minimis, or based entirely on facts available.\11\ 
Accordingly, we generally will determine the dumping margin for 
companies not individually examined by averaging the weighted-average 
dumping margins for the individually examined respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\12\
---------------------------------------------------------------------------

    \11\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum (IDM) at Comment 16.
    \12\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Partial Affirmative Determination of Critical 
Circumstances: Certain Polyester Staple Fiber from the People's 
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged 
in Final Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances: Certain 
Polyester Staple Fiber from the People's Republic of China, 72 FR 
19690 (April 19, 2007).
---------------------------------------------------------------------------

    For the final results, we calculated a rate only for Carbon 
Activated that was not zero, de minimis, or based entirely on facts 
available.\13\ Therefore, for these final results, following the 
practice described above, we have assigned to the companies that have 
not been individually examined, but have demonstrated their eligibility 
for a separate rate, the weighted-average rate calculated for Carbon 
Activated.
---------------------------------------------------------------------------

    \13\ See Carbon Activated's Final Calculation Memorandum and 
Datong Juqiang's Final Calculation Memorandum.
---------------------------------------------------------------------------

Final Results of the Review

    For companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the POR from April 1, 2016, 
through March 31, 2017:
---------------------------------------------------------------------------

    \14\ In the second administrative review of the Order, Commerce 
determined that it would calculate per-unit weighted-average dumping 
margins and assessment rates for all future reviews. See Certain 
Activated Carbon from the People's Republic of China: Final Results 
and Partial Rescission of Second Antidumping Duty Administrative 
Review, 75 FR 70208, 70211 (November 17, 2010) (AR2 Carbon), and 
accompanying IDM at Comment 3.
    \15\ In the third administrative review of the Order, Commerce 
found that Jacobi Carbons AB, Tianjin Jacobi International Trading 
Co. Ltd., and Jacobi Carbons Industry (Tianjin) are a single entity 
and, because there were no facts presented on the record of this 
review which would call into question our prior finding, we continue 
to treat these companies as part of a single entity for this 
administrative review, pursuant to sections 771(33)(E), (F), and (G) 
of the Act and 19 CFR 351.401(f). See Certain Activated Carbon from 
the People's Republic of China: Final Results and Partial Rescission 
of Third Antidumping Duty Administrative Review, 76 FR 67142, 67145 
n.25 (October 31, 2011); see also Preliminary Results, and 
accompanying PDM at n.26.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                             margin (USD/
                                                               kg) \14\
------------------------------------------------------------------------
Beijing Pacific Activated Carbon Products Co., Ltd.........         0.45
Carbon Activated Tianjin Co., Ltd..........................         0.45
Datong Juqiang Activated Carbon Co., Ltd...................         0.00
Jacobi Carbons AB \15\.....................................         0.45
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd......         0.45
Ningxia Huahui Activated Carbon Co., Ltd...................         0.45
Ningxia Mineral & Chemical Limited.........................         0.45
Shanxi Sincere Industrial Co., Ltd.........................         0.45
------------------------------------------------------------------------

    In the Preliminary Results, Commerce found that 16 companies for 
which a review was requested did not establish eligibility for a 
separate rate because they did not file a separate rate application or 
a separate rate certification, as appropriate. No interested party 
commented on Commerce's preliminary determination with respect to these 
16 companies. Therefore, for these final results we determine these 
companies, listed in Appendix II of this notice, to be part of the 
China-wide entity. Because no party requested a review of the China-
wide entity, and Commerce no longer considers the China-wide entity as 
an exporter conditionally subject to administrative reviews,\16\ we did 
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 2.42 USD/kg) 
\17\ is not subject to change as a result of this review.
---------------------------------------------------------------------------

    \16\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \17\ See, e.g., Certain Activated Carbon from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. We intend to issue assessment instructions to CBP 15 days 
after the publication date of these final results of review.
    For each individually-examined respondent in this review which has 
a final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's (or 
customer's) examined sales to the total sales quantity associated with 
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis.\19\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\20\
---------------------------------------------------------------------------

    \18\ See AR2 Carbon, and accompanying IDM at Comment 3.
    \19\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Carbon Activated's Final Calculation 
Memorandum and Datong Juqiang's Calculation Memorandum and attached 
Margin Calculation Program Logs and Outputs.
    \20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the rate assigned 
to them for the final results (i.e., 0.45 USD/kg).
    For the companies identified in Appendix II as part of the China-
wide entity, we will instruct CBP to apply a per-unit assessment rate 
of 2.42 USD/kg to all entries of subject merchandise during the POR 
which were produced or exported by those companies.
    Pursuant to a refinement in our non-market economy practice, for 
sales that were not reported in the U.S. sales data submitted by 
companies individually examined during this review, we will instruct 
CBP to liquidate entries associated with those sales at the rate for 
the China-wide entity. Furthermore, where we found that an exporter 
under review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's cash deposit rate) will be liquidated at the rate for the 
China-wide entity.\21\
---------------------------------------------------------------------------

    \21\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following per-unit cash deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of the subject merchandise from China entered, or 
withdrawn from warehouse, for consumption on or after the

[[Page 53216]]

publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
For Carbon Activated, Datong Juqiang, and the non-examined, separate 
rate respondents, the cash deposit rate will be equal to their 
weighted-average dumping margins established in the final results of 
this review; (2) for previously investigated or reviewed Chinese and 
non-Chinese exporters not listed above that have separate rates, the 
cash deposit rate will continue to be the exporter-specific rate 
published for the most recently completed segment of this proceeding in 
which they were reviewed; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be equal to the weighted-average dumping 
margin for the China-wide entity (i.e., 2.42 USD/kg); and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied that non-Chinese 
exporter. These per-unit cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Date: October 16, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I

Issues and Decision Memorandum

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
    Comment 1: Use of Import Statistics In lieu of Highest 
Calculated Normal Value as Adverse Facts Available
    Comment 2: Coal Tar Surrogate Value
    Comment 3: Carbonized Material Surrogate Value
    Comment 4: Hydrochloric Acid Surrogate Value
    Comment 5: Labor Surrogate Value
    Comment 6: Whether to Continue to Use the Thai Financial 
Statements
    Comment 7: Value-Added Tax Adjustments
    Comment 8: Ministerial Errors
Recommendation

Appendix II

Companies Not Eligible for a Separate Rate and To Be Treated as Part of 
China-Wide Entity

Company

1. Beijing Embrace Technology Co., Ltd.
2. Datong Municipal Yunguang Activated Carbon Co., Ltd.
3. Jilin Bright Future Chemicals Co., Ltd.
4. Meadwestvaco (China) Holding Co., Ltd.
5. Ningxia Guanghua A/C Co., Ltd.
6. Ningxia Guanghua Activated Carbon Co., Ltd.
7. Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
8. Ningxia Jirui Activated Carbon
9. Shanxi Dapu International Trade Co., Ltd.
10. Shanxi DMD Corporation
11. Shanxi Industry Technology Trading Co., Ltd.
12. Tancarb Activated Carbon Co., Ltd.
13. Tangshan Solid Carbon Co., Ltd.
14. Tianjin Channel Filters Co., Ltd.
15. Tianjin Jacobi International Trading Co., Ltd.
16. Tianjin Maijin Industries Co., Ltd.

[FR Doc. 2018-22969 Filed 10-19-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               53214                        Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices

                                                 Dated: October 17, 2018.                              for issuing the final results until October             separate rate respondents. Further, the
                                               Joseph Flynn,                                           17, 2018.                                               Issues and Decision Memorandum
                                               Director, Office of Trade and Economic                                                                          contains descriptions of these
                                                                                                       Scope of the Order
                                               Analysis, International Trade Administration,                                                                   revisions.7
                                               U.S. Department of Commerce.                              The merchandise subject to the
                                                                                                       Order 4 is certain activated carbon. The                Final Determination of No Shipments
                                               [FR Doc. 2018–22974 Filed 10–19–18; 8:45 am]
                                               BILLING CODE 3510–DR–P
                                                                                                       products are currently classifiable under                  In the Preliminary Results, we
                                                                                                       the Harmonized Tariff Schedule of the                   preliminarily determined that Calgon
                                                                                                       United States (HTSUS) subheading                        Carbon (Tianjin) Co., Ltd., (Calgon
                                               DEPARTMENT OF COMMERCE                                  3802.1000. Although the HTSUS                           Tianjin), Datong Municipal Yunguang
                                                                                                       subheading is provided for convenience                  Activated Carbon Co., Ltd. (Datong
                                               International Trade Administration                      and customs purposes, the written                       Yunguang), Jilin Bright Future
                                                                                                       description of the scope of the order                   Chemicals Co., Ltd. (Jilin Bright Future),
                                               [A–570–904]
                                                                                                       remains dispositive.5                                   Shanxi Dapu International Trade Co.,
                                               Certain Activated Carbon From the                       Analysis of Comments Received                           Ltd. (Shanxi Dapu), Shanxi Industry
                                               People’s Republic of China: Final                                                                               Technology Trading Co., Ltd. (Shanxi
                                                                                                          In the Issues and Decision                           Industry), Shanxi Tianxi Purification
                                               Results of Antidumping Duty
                                                                                                       Memorandum, we addressed all issues                     Filter Co., Ltd. (Shanxi Tianxi), and
                                               Administrative Review; 2016–2017
                                                                                                       raised in parties’ case and rebuttal                    Tianjin Channel Filters Co., Ltd.
                                               AGENCY:  Enforcement and Compliance,                    briefs. In Appendix I to this notice, we                (Tianjin Channel) had no shipments of
                                               International Trade Administration,                     provided a list of the issues raised by                 subject merchandise to the United
                                               Department of Commerce.                                 parties. The Issues and Decision                        States during the POR.8 We received no
                                               SUMMARY: The Department of Commerce                     Memorandum is a public document and                     information to contradict this
                                               (Commerce) determines that Datong                       is on file in the Central Records Unit                  determination. Therefore, we continue
                                               Juqiang Activated Carbon Co. Ltd.                       (CRU), Room B8024 of the main                           to find that Calgon Tianjin, Datong
                                               (Datong Juqiang) and Carbon Activated                   Department of Commerce building, as                     Yunguang, Jilin Bright Future, Shanxi
                                               Tianjin Co., Ltd. (Carbon Activated) sold               well as electronically via Enforcement                  Dapu, Shanxi Industry, Shanxi Tianxi,
                                               activated carbon from the People’s                      and Compliance’s Antidumping and
                                                                                                                                                               and Tianjin Channel had no shipments
                                               Republic of China at less than normal                   Countervailing Duty Centralized
                                                                                                                                                               of subject merchandise during the POR
                                               value (NV) during the period of review                  Electronic Service System (ACCESS).
                                                                                                                                                               and will issue appropriate liquidation
                                               (POR) April 1, 2016, through March 31,                  ACCESS is available to registered users
                                                                                                                                                               instructions that are consistent with our
                                               2017.                                                   at https://access.trade.gov and it is
                                                                                                                                                               ‘‘automatic assessment’’ clarification for
                                                                                                       available to all parties in the CRU. In
                                               DATES: Applicable October 22, 2018.                                                                             these final results.9
                                                                                                       addition, parties can directly access a
                                               FOR FURTHER INFORMATION CONTACT: John                   complete version of the Issues and                      Separate Rate Respondents
                                               Anwesen or Jinny Ahn, AD/CVD                            Decision Memorandum on the internet
                                               Operations, Office VIII, Enforcement                                                                               In our Preliminary Results, we
                                                                                                       at http://enforcement.trade.gov/frn/                    determined that Carbon Activated,
                                               and Compliance, International Trade                     index.html. The signed Issues and
                                               Administration, Department of                                                                                   Datong Juqiang, and six other
                                                                                                       Decision Memorandum and the                             companies demonstrated their eligibility
                                               Commerce, 1401 Constitution Avenue                      electronic version of the Issues and
                                               NW, Washington, DC 20230; telephone:                                                                            for separate rates.10 We received no
                                                                                                       Decision Memorandum are identical in                    comments or argument since the
                                               (202) 482–0131, or (202) 482–0339,                      content.
                                               respectively.                                                                                                   issuance of the Preliminary Results that
                                                                                                       Changes Since the Preliminary Results                   provide a basis for reconsideration of
                                               SUPPLEMENTARY INFORMATION:                                                                                      these determinations. Therefore, for
                                                                                                         Based on our review of the record and
                                               Background                                              comments received from interested                       these final results, we continue to find
                                                                                                       parties regarding our Preliminary                       that the six companies listed in the table
                                                 Commerce published the Preliminary                                                                            in the ‘‘Final Results’’ section of this
                                               Results 1 on May 18, 2018. For events                   Results, we made certain revisions to
                                                                                                       the margin calculations for Carbon                      notice are eligible for a separate rate.
                                               subsequent to the Preliminary Results,
                                               see Commerce’s Issues and Decision                      Activated and Datong Juqiang,6 and to                   Rate for Non-Examined Separate Rate
                                               Memorandum.2 On August 2, 2018,3 in                     the rate assigned to the non-examined,                  Respondents
                                               accordance with section 751(a)(3)(A) of                                                                           The statute and our regulations do not
                                                                                                          4 See Notice of Antidumping Duty Order: Certain
                                               the Tariff Act of 1930, as amended (the                                                                         address the establishment of a rate to be
                                                                                                       Activated Carbon from the People’s Republic of
                                               Act), Commerce extended the deadline                    China, 72 FR 20988 (April 27, 2007) (Order).            assigned to respondents not selected for
                                                                                                          5 See Issues and Decision Memorandum for a
                                                                                                                                                               individual examination when we limit
                                                  1 See Certain Activated Carbon from the People’s
                                                                                                       complete description of the scope of the Order.         our examination of companies subject to
                                               Republic of China: Preliminary Results of                  6 See Memoranda, ‘‘Antidumping Duty
                                               Antidumping Duty Administrative Review and              Administrative Review of Certain Activated Carbon
                                                                                                                                                               the administrative review pursuant to
                                               Preliminary Determination of No Shipments; 2016–        from the People’s Republic of China: Final Results      section 777A(c)(2)(B) of the Act.
                                               2017, 83 FR 23254 (May 18, 2018) (Preliminary           Calculation Memorandum for Carbon Activated’’           Generally, we look to section 735(c)(5)
                                               Results), and accompanying Preliminary Decision         (Carbon Activated’s Final Calculation
                                               Memorandum (PDM).
                                                                                                                                                               of the Act, which provides instructions
                                                                                                       Memorandum) and ‘‘Antidumping Duty
                                                  2 See Memorandum, ‘‘Certain Activated Carbon
                                                                                                       Administrative Review of Certain Activated Carbon         7 See Issues and Decisions Memorandum at 3–4
daltland on DSKBBV9HB2PROD with NOTICES




                                               from the People’s Republic of China: Issues and         the People’s Republic of China: Final Results
                                               Decision Memorandum for the Final Results of the        Calculation Memorandum for Datong Juqiang               for a summary of these revisions.
                                                                                                                                                                 8 See Preliminary Results, 83 FR at 23255.
                                               Tenth Antidumping Duty Administrative Review,’’         Activated Carbon Co., Ltd. ’’ (Datong Juqiang’s Final
                                               dated concurrently with, and hereby adopted by,         Calculation Memorandum) dated concurrently with           9 See Non-Market Economy Antidumping

                                               this notice (Issues and Decision Memorandum).           this memorandum; see also Memorandum, ‘‘Tenth           Proceedings: Assessment of Antidumping Duties, 76
                                                  3 See Memorandum, ‘‘Activated Carbon from the        Administrative Review of Certain Activated Carbon       FR 65694 (October 4, 2011) (Assessment Practice
                                               People’s Republic of China: Extension of Deadline       from the People’s Republic of China: Surrogate          Refinement).
                                               for Final Results of 2016–2017 Antidumping Duty         Values for the Final Results,’’ dated concurrently        10 See Preliminary Results, and accompanying

                                               Administrative Review,’’ dated August 2, 2018.          with this memorandum.                                   PDM at 5–9.



                                          VerDate Sep<11>2014   18:12 Oct 19, 2018   Jkt 247001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\22OCN1.SGM   22OCN1


                                                                            Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices                                                                         53215

                                               for calculating the all-others rate in an                                                                              Weighted-    than 0.5 percent), we will calculate
                                               investigation, for guidance when                                                                                        average     importer- (or customer-) specific per-
                                                                                                                             Exporter                                 dumping
                                               calculating the rate for respondents not                                                                                 margin     unit duty assessment rates based on the
                                               individually examined in an                                                                                           (USD/kg) 14   ratio of the total amount of dumping
                                               administrative review. Section                          Beijing Pacific Activated Carbon Prod-
                                                                                                                                                                                   calculated for the importer’s (or
                                               735(c)(5)(A) of the Act articulates a                     ucts Co., Ltd ....................................                 0.45   customer’s) examined sales to the total
                                               preference for not calculating an all-                  Carbon Activated Tianjin Co., Ltd .......                            0.45   sales quantity associated with those
                                               others rate using rates which are zero,                 Datong Juqiang Activated Carbon Co.,                                        sales, in accordance with 19 CFR
                                                                                                         Ltd ....................................................           0.00
                                               de minimis, or based entirely on facts                  Jacobi Carbons AB 15 ..........................                      0.45
                                                                                                                                                                                   351.212(b)(1).18 We will also calculate
                                               available.11 Accordingly, we generally                  Ningxia Guanghua Cherishmet Acti-                                           (estimated) ad valorem importer-
                                               will determine the dumping margin for                     vated Carbon Co., Ltd .....................                        0.45   specific assessment rates with which to
                                               companies not individually examined                     Ningxia Huahui Activated Carbon Co.,                                        determine whether the per-unit
                                                                                                         Ltd ....................................................           0.45
                                               by averaging the weighted-average                       Ningxia Mineral & Chemical Limited ...                               0.45
                                                                                                                                                                                   assessment rates are de minimis.19
                                               dumping margins for the individually                    Shanxi Sincere Industrial Co., Ltd ......                            0.45   Where either the respondent’s weighted-
                                               examined respondents, excluding rates                                                                                               average dumping margin is zero or de
                                               that are zero, de minimis, or based                        In the Preliminary Results, Commerce                                     minimis, or an importer- (or customer-
                                               entirely on facts available.12                          found that 16 companies for which a                                         ) specific assessment rate is zero or de
                                                  For the final results, we calculated a               review was requested did not establish                                      minimis, we will instruct CBP to
                                               rate only for Carbon Activated that was                 eligibility for a separate rate because                                     liquidate the appropriate entries
                                               not zero, de minimis, or based entirely                 they did not file a separate rate                                           without regard to antidumping duties.20
                                               on facts available.13 Therefore, for these              application or a separate rate                                                 For the respondents which were not
                                               final results, following the practice                   certification, as appropriate. No                                           selected for individual examination in
                                               described above, we have assigned to                    interested party commented on                                               this administrative review and which
                                               the companies that have not been                        Commerce’s preliminary determination                                        qualified for a separate rate, the
                                               individually examined, but have                         with respect to these 16 companies.                                         assessment rate will be equal to the rate
                                               demonstrated their eligibility for a                    Therefore, for these final results we                                       assigned to them for the final results
                                               separate rate, the weighted-average rate                determine these companies, listed in                                        (i.e., 0.45 USD/kg).
                                               calculated for Carbon Activated.                        Appendix II of this notice, to be part of                                      For the companies identified in
                                                                                                       the China-wide entity. Because no party                                     Appendix II as part of the China-wide
                                               Final Results of the Review                                                                                                         entity, we will instruct CBP to apply a
                                                                                                       requested a review of the China-wide
                                                 For companies subject to this review,                 entity, and Commerce no longer                                              per-unit assessment rate of 2.42 USD/kg
                                               which established their eligibility for a               considers the China-wide entity as an                                       to all entries of subject merchandise
                                               separate rate, Commerce determines that                 exporter conditionally subject to                                           during the POR which were produced or
                                               the following weighted-average                          administrative reviews,16 we did not                                        exported by those companies.
                                               dumping margins exist for the POR from                  conduct a review of the China-wide                                             Pursuant to a refinement in our non-
                                               April 1, 2016, through March 31, 2017:                  entity. Thus, the weighted-average                                          market economy practice, for sales that
                                                                                                       dumping margin for the China-wide                                           were not reported in the U.S. sales data
                                                 11 See Ball Bearings and Parts Thereof from
                                                                                                       entity (i.e., 2.42 USD/kg) 17 is not subject                                submitted by companies individually
                                               France, Germany, Italy, Japan, and the United                                                                                       examined during this review, we will
                                               Kingdom: Final Results of Antidumping Duty
                                                                                                       to change as a result of this review.
                                               Administrative Reviews and Rescission of Reviews
                                                                                                                                                                                   instruct CBP to liquidate entries
                                                                                                       Assessment Rates                                                            associated with those sales at the rate
                                               in Part, 73 FR 52823, 52824 (September 11, 2008),
                                               and accompanying Issues and Decision                       Pursuant to section 751(a)(2)(C) of the                                  for the China-wide entity. Furthermore,
                                               Memorandum (IDM) at Comment 16.                         Act and 19 CFR 351.212(b), Commerce                                         where we found that an exporter under
                                                 12 See, e.g., Preliminary Determination of Sales at
                                                                                                       has determined, and U.S Customs and                                         review had no shipments of the subject
                                               Less Than Fair Value and Partial Affirmative
                                               Determination of Critical Circumstances: Certain        Border Protection (CBP) shall assess,                                       merchandise, any suspended entries
                                               Polyester Staple Fiber from the People’s Republic of    antidumping duties on all appropriate                                       that entered under that exporter’s case
                                               China, 71 FR 77373, 77377 (December 26, 2006),          entries covered by this review. We                                          number (i.e., at that exporter’s cash
                                               unchanged in Final Determination of Sales at Less       intend to issue assessment instructions                                     deposit rate) will be liquidated at the
                                               Than Fair Value and Partial Affirmative
                                               Determination of Critical Circumstances: Certain        to CBP 15 days after the publication                                        rate for the China-wide entity.21
                                               Polyester Staple Fiber from the People’s Republic of    date of these final results of review.
                                                                                                          For each individually-examined                                           Cash Deposit Requirements
                                               China, 72 FR 19690 (April 19, 2007).
                                                 13 See Carbon Activated’s Final Calculation
                                                                                                       respondent in this review which has a                                         The following per-unit cash deposit
                                               Memorandum and Datong Juqiang’s Final                   final weighted-average dumping margin                                       requirements will be effective upon
                                               Calculation Memorandum.
                                                 14 In the second administrative review of the
                                                                                                       that is not zero or de minimis (i.e., less                                  publication of the final results of this
                                               Order, Commerce determined that it would                                                                                            administrative review for all shipments
                                               calculate per-unit weighted-average dumping             of the Act and 19 CFR 351.401(f). See Certain                               of the subject merchandise from China
                                               margins and assessment rates for all future reviews.    Activated Carbon from the People’s Republic of                              entered, or withdrawn from warehouse,
                                               See Certain Activated Carbon from the People’s          China: Final Results and Partial Rescission of Third
                                                                                                       Antidumping Duty Administrative Review, 76 FR
                                                                                                                                                                                   for consumption on or after the
                                               Republic of China: Final Results and Partial
                                               Rescission of Second Antidumping Duty                   67142, 67145 n.25 (October 31, 2011); see also
                                                                                                                                                                                     18 See AR2 Carbon, and accompanying IDM at
                                               Administrative Review, 75 FR 70208, 70211               Preliminary Results, and accompanying PDM at
                                               (November 17, 2010) (AR2 Carbon), and                   n.26.                                                                       Comment 3.
                                                                                                                                                                                     19 For calculated (estimated) ad valorem
                                               accompanying IDM at Comment 3.                            16 See Antidumping Proceedings: Announcement
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                                                 15 In the third administrative review of the Order,   of Change in Department Practice for Respondent                             importer-specific assessment rates used in
                                               Commerce found that Jacobi Carbons AB, Tianjin          Selection in Antidumping Duty Proceedings and                               determining whether the per-unit assessment rate is
                                               Jacobi International Trading Co. Ltd., and Jacobi       Conditional Review of the Nonmarket Economy                                 de minimis, see Carbon Activated’s Final
                                               Carbons Industry (Tianjin) are a single entity and,     Entity in NME Antidumping Duty Proceedings, 78                              Calculation Memorandum and Datong Juqiang’s
                                               because there were no facts presented on the record     FR 65963, 65969–70 (November 4, 2013).                                      Calculation Memorandum and attached Margin
                                               of this review which would call into question our         17 See, e.g., Certain Activated Carbon from the                           Calculation Program Logs and Outputs.
                                                                                                                                                                                     20 See 19 CFR 351.106(c)(2).
                                               prior finding, we continue to treat these companies     People’s Republic of China: Final Results of
                                               as part of a single entity for this administrative      Antidumping Duty Administrative Review; 2012–                                 21 For a full discussion of this practice, see

                                               review, pursuant to sections 771(33)(E), (F), and (G)   2013, 79 FR 70163, 70165 (November 25, 2014).                               Assessment Practice Refinement, 76 FR at 65694.



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                                               53216                        Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices

                                               publication date, as provided by section                judicial protective order, is hereby                  DEPARTMENT OF COMMERCE
                                               751(a)(2)(C) of the Act: (1) For Carbon                 requested. Failure to comply with the
                                               Activated, Datong Juqiang, and the non-                 regulations and terms of an APO is a                  National Oceanic and Atmospheric
                                               examined, separate rate respondents,                    violation which is subject to sanction.               Administration
                                               the cash deposit rate will be equal to                     We are issuing and publishing these                RIN 0648–XG564
                                               their weighted-average dumping                          final results of administrative review
                                               margins established in the final results                and notice in accordance with sections                Gulf of Mexico Fishery Management
                                               of this review; (2) for previously                      751(a)(1) and 777(i) of the Act.                      Council; Public Meeting
                                               investigated or reviewed Chinese and
                                               non-Chinese exporters not listed above                    Date: October 16, 2018.                             AGENCY:  National Marine Fisheries
                                               that have separate rates, the cash                      James Maeder,                                         Service (NMFS), National Oceanic and
                                               deposit rate will continue to be the                    Associate Deputy Assistant Secretary for              Atmospheric Administration (NOAA),
                                               exporter-specific rate published for the                Antidumping and Countervailing Duty                   Commerce.
                                               most recently completed segment of this                 Operations performing the duties of Deputy            ACTION: Notice of a public meeting.
                                               proceeding in which they were                           Assistant Secretary for Antidumping and
                                               reviewed; (3) for all Chinese exporters of              Countervailing Duty Operations.                       SUMMARY:   The Gulf of Mexico Fishery
                                               subject merchandise that have not been                  Appendix I                                            Management Council (Council) will
                                               found to be entitled to a separate rate,                                                                      hold a meeting of its Ad Hoc Red
                                               the cash deposit rate will be equal to the              Issues and Decision Memorandum                        Snapper and Grouper-Tilefish
                                               weighted-average dumping margin for                     Summary                                               Individual Fishing Quota (IFQ)
                                               the China-wide entity (i.e., 2.42 USD/                  Background                                            Advisory Panel.
                                               kg); and (4) for all non-Chinese                        Scope of the Order                                    DATES: The meeting will convene on
                                               exporters of subject merchandise which                  Changes Since the Preliminary Results                 Wednesday, November 7, 2018; starting
                                               have not received their own separate                    Discussion of the Issues                              8:30 a.m. and will adjourn at 5 p.m.
                                               rate, the cash deposit rate will be the                   Comment 1: Use of Import Statistics In lieu         ADDRESSES: The meeting will be held at
                                               rate applicable to the Chinese                              of Highest Calculated Normal Value as             the Gulf Council’s office, 4107 W
                                               exporter(s) that supplied that non-                         Adverse Facts Available                           Spruce Street, Suite 200, Tampa, FL
                                               Chinese exporter. These per-unit cash                     Comment 2: Coal Tar Surrogate Value                 33607; telephone: (813) 348–1630.
                                               deposit requirements, when imposed,                       Comment 3: Carbonized Material Surrogate
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: Dr.
                                               shall remain in effect until further                        Value
                                               notice.                                                   Comment 4: Hydrochloric Acid Surrogate              Ava Lasseter, Anthropologist, Gulf of
                                                                                                           Value                                             Mexico Fishery Management Council;
                                               Disclosure                                                                                                    ava.lasseter@gulfcouncil.org, telephone:
                                                                                                         Comment 5: Labor Surrogate Value
                                                 We intend to disclose the calculations                  Comment 6: Whether to Continue to Use               (813) 348–1630.
                                               performed to parties in this proceeding                     the Thai Financial Statements                     SUPPLEMENTARY INFORMATION: The items
                                               within five days of the date of                           Comment 7: Value-Added Tax                          of discussion on the agenda are as
                                               publication of this notice in accordance                    Adjustments                                       follows:
                                               with 19 CFR 351.224(b).                                   Comment 8: Ministerial Errors
                                                                                                                                                             Agenda
                                                                                                       Recommendation
                                               Notification to Importers Regarding the
                                                                                                                                                             Wednesday, November 7, 2018, 8:30
                                               Reimbursement of Duties                                 Appendix II                                           a.m. until 5 p.m.
                                                 This notice also serves as a final                    Companies Not Eligible for a Separate Rate
                                               reminder to importers of their                                                                                1. Introductions and Adoption of
                                                                                                       and To Be Treated as Part of China-Wide
                                               responsibility under 19 CFR                                                                                        Agenda
                                                                                                       Entity
                                               351.402(f)(2) to file a certificate                                                                           2. Approval of April 10, 2018 meeting
                                               regarding the reimbursement of                          Company                                                    summary
                                               antidumping duties prior to liquidation                 1. Beijing Embrace Technology Co., Ltd.               3. Scope of Work
                                               of the relevant entries during this POR.                2. Datong Municipal Yunguang Activated                4. Presentations on National Quota
                                               Failure to comply with this requirement                       Carbon Co., Ltd.                                     Banks
                                               could result in Commerce’s                              3. Jilin Bright Future Chemicals Co., Ltd.            5. Reef Fish Amendment 36B:
                                               presumption that reimbursement of                       4. Meadwestvaco (China) Holding Co., Ltd.                  Modifications to Commercial IFQ
                                               antidumping duties has occurred and                     5. Ningxia Guanghua A/C Co., Ltd.                          Programs
                                               the subsequent assessment of double                     6. Ningxia Guanghua Activated Carbon Co.,             6. Other Business
                                               antidumping duties.                                           Ltd.                                            —Meeting Adjourns
                                                                                                       7. Ningxia Guanghua Chemical Activated                   The Agenda is subject to change, and
                                               Notification Regarding Administrative                         Carbon Co., Ltd.                                the latest version along with other
                                               Protective Order                                        8. Ningxia Jirui Activated Carbon                     meeting materials will be posted on
                                                 This notice also serves as a reminder                 9. Shanxi Dapu International Trade Co., Ltd.          www.gulfcouncil.org as they become
                                               to parties subject to administrative                    10. Shanxi DMD Corporation                            available.
                                               protective order (APO) of their                         11. Shanxi Industry Technology Trading Co.,              Although other non-emergency issues
                                               responsibility concerning the return or                       Ltd.                                            not on the agenda may come before the
                                               destruction of proprietary information                  12. Tancarb Activated Carbon Co., Ltd.                Advisory Panel for discussion, in
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                                               disclosed under APO in accordance                       13. Tangshan Solid Carbon Co., Ltd.                   accordance with the Magnuson-Stevens
                                               with 19 CFR 351.305(a)(3), which                        14. Tianjin Channel Filters Co., Ltd.                 Fishery Conservation and Management
                                               continues to govern business                            15. Tianjin Jacobi International Trading Co.,         Act, those issues may not be the subject
                                               proprietary information in this segment                       Ltd.                                            of formal action during this meeting.
                                               of the proceeding. Timely written                       16. Tianjin Maijin Industries Co., Ltd.               Actions of the Advisory Panel will be
                                               notification of the return or destruction               [FR Doc. 2018–22969 Filed 10–19–18; 8:45 am]          restricted to those issues specifically
                                               of APO materials, or conversion to                      BILLING CODE 3510–DS–P                                identified in the agenda and any issues


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Document Created: 2018-10-20 01:50:22
Document Modified: 2018-10-20 01:50:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 22, 2018.
ContactJohn Anwesen or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0131, or (202) 482-0339, respectively.
FR Citation83 FR 53214 

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